POND v. UNITED STATES

No. 22-1537.

69 F.4th 155 (2023)

Stephen K. POND, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: May 26, 2023.


Attorney(s) appearing for the Case

ARGUED: James Conrad Adams, II , BROOKS, PIERCE, McLENDON, HUMPHREY & LEONARD, L.L.P., Greensboro, North Carolina, for Appellant. Robert Joseph Wille, Jr. , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Daniel L. Colston , BROOKS, PIERCE, MCLENDON, HUMPHREY & LEONARD, L.L.P., Greensboro, North Carolina, for Appellant. David A. Hubbert , Deputy Assistant Attorney General, Nathaniel S. Pollock , Tax Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Sandra J. Hairston , United States Attorney, OFFICE OF THE UNITED STATES OF ATTORNEY, Greensboro, North Carolina, for Appellee.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Richardson wrote the opinion, in which Judge King and Senior Judge Motz joined.


Stephen Pond is a taxpayer seeking a refund on his 2013 taxes. The IRS audited Pond's business and revealed an alleged overpayment. But the IRS misinterpreted its own audit, concluding that Pond had underpaid. So the IRS told Pond that he owed more taxes. He paid up, including interest. Only later did Pond's accountant...

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